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Wednesday, 23 June 1999
Page: 6056


The CHAIRMAN —I shall now proceed to putting the remainder of the government amendments. I will put them as a block, unless somebody indicates which ones they wish to vote differently on. However, given that you can agree or not agree on them, I will take them in two blocks if you want them divided.


Senator Brown —It has to be recognised that this process does not allow senators to discriminate their vote on a whole range of issues. But if we do take your course of action, Chair, and ask for specific votes to be taken on measures—when we know we do not have the numbers because the Democrats give the government the numbers—we simply eat into debating time. It is an appalling situation. However, it is there because of the Democrats. I will not be asking to shed these votes out, but do not take this as any indication, please—and I want that on the record—that I support this process because we are not splitting off these votes.


The CHAIRMAN —There is no point of order, Senator Brown.


Senator Bolkus —On behalf of the opposition, can I say that we see these amendments as essentially embroidery on the proverbial sandwich—


The CHAIRMAN —What is your point of order?


Senator Bolkus —I also want to explain how the opposition will vote.


The CHAIRMAN —I need a point of order, please.


Senator Bolkus —Can I do that by leave?


The CHAIRMAN —We are now in the position of taking votes. If you have a point of order, please raise the point of order. If you do not—


Senator Bolkus —In view of the ruling you have given on the process, the opposition is in a position where we also have to make a collective assessment.


Government senators —What is your point of order?


Senator Bolkus —The point of order I am getting to is that, as I said, we see these amendments as essentially embroidery on the proverbial sandwich and, given that we have to treat them all in a block, we will not be opposing them. Whether we support them is another thing, but we are not opposing them.


The CHAIRMAN —The question is that government amendments Nos 11 to 71, 75 to 146, and 148 to 174 on sheet DT218 be agreed to. Those of that opinion say aye. Senator Brown, you are taking a point of order, I presume?


Senator Brown —I just refer you again to standing order 84, which says that the President may order a complicated question to be divided. I have asked for that to happen. If ever there was a case in point, it is this. I ask you, Madam Chairman, to refer this matter to the President for a specific ruling on what that rule means if it does not pertain in this case.


The CHAIRMAN —I will certainly refer it to Madam President. However, I plan to continue with the vote, which we were halfway through when the ayes had recorded their voices. I now ask those opposed to the following government amendments to say no:

(11) Clause 12, page 9 (lines 21 to 25), omit paragraph (c), substitute:

(c) there is in force a decision of the Minister under Division 2 of Part 7 that this section is not a controlling provision for the action and, if the decision was made because the Minister believed the action would be taken in a manner specified in the notice of the decision under section 77, the action is taken in that manner; or

(12) Clause 12, page 9 (lines 28 and 29), omit ", or the giving of an authorisation (however described) of such an action".

(13) Clause 14, page 12 (after line 21), at the end of the clause, add:

Declarations because of threat in force for a year or less

(7) The Minister must not specify that a declaration of a property is to be in force for more than 12 months if:

(a) the declaration is made in the circumstances described in paragraph (1)(b); and

(b) the property is not a property submitted by the Commonwealth to the World Heritage Committee under Article 11 of the World Heritage Convention as suitable for inclusion in the World Heritage List.

(14) Page 13 (after line 18), at the end of Subdivision A, add:

15A Offences relating to declared World Heritage properties

(1) A person is guilty of an offence if:

(a) the person takes an action; and

(b) the action results or will result in a significant impact on the world heritage values of a declared World Heritage property.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(2) A person is guilty of an offence if:

(a) the person takes an action; and

(b) the action is likely to have a significant impact on the world heritage values of a declared World Heritage property and the person is reckless as to that fact.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(3) An offence against subsection (1) or (2) is punishable on conviction by imprisonment for a term not more than 7 years, a fine not more than 420 penalty units, or both.

Note 1: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.

Note 2: An executive officer of a body corporate convicted of an offence against this section may also be guilty of an offence against section 495.

(4) Subsections (1) and (2) do not apply to an action if:

(a) an approval of the taking of the action by the person is in operation under Part 9 for the purposes of this section; or

(b) Part 4 lets the person take the action without an approval under Part 9 for the purposes of this section; or

(c) there is in force a decision of the Minister under Division 2 of Part 7 that this section is not a controlling provision for the action and, if the decision was made because the Minister believed the action would be taken in a manner specified in the notice of the decision under section 77, the action is taken in that manner; or

(d) the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process).

Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code .

(15) Clause 16, page 14 (lines 6 to 10), omit paragraph (c), substitute:

(c) there is in force a decision of the Minister under Division 2 of Part 7 that this section is not a controlling provision for the action and, if the decision was made because the Minister believed the action would be taken in a manner specified in the notice of the decision under section 77, the action is taken in that manner; or

(16) Clause 16, page 14 (lines 13 and 14), omit ", or the giving of an authorisation (however described) of such an action".

(17) Clause 17, page 15 (line 5) to page 16 (line 8), omit subclauses (3), (4), (5) and (6).

(18) Page 16 (after line 8), at the end of Subdivision B, add:

17A Making and revoking declarations of wetlands

Declaring threatened wetlands of international importance

(1) The Minister may declare a specified wetland to be a declared Ramsar wetland by notice in the Gazette if the Minister is satisfied that:

(a) the wetland is of international significance or is likely to be of international significance because of its ecology, botany, zoology, limnology or hydrology; and

(b) the ecological character of some or all of the wetland is under threat.

Note: The Minister may make more than one declaration of the same wetland under this section. See subsection 33(1) of the Acts Interpretation Act 1901 .

Consulting State or Territory before making declaration

(2) Before the Minister makes a declaration relating to a wetland wholly or partly within a State or self-governing Territory, the Minister must inform the appropriate Minister of the State or Territory of the proposal to make the declaration, and give him or her a reasonable opportunity to comment on the proposal.

Consultation not required if threat is imminent

(3) However, the Minister need not comply with subsection (2) if he or she is satisfied that the threat mentioned in paragraph (1)(b) is imminent.

Failure to comply with subsection (2)

(4) The validity of a declaration is not affected by a failure to comply with subsection (2) in relation to the making of the declaration.

When a declaration is in force

(5) A declaration comes into force on the day it is published in the Gazette and remains in force for the period specified in the declaration, unless it is revoked earlier.

Specifying period for which declaration is in force

(6) The Minister must specify in a declaration the period for which it is to be in force. The period must not be longer than the shorter of the following periods:

(a) the period the Minister believes the Commonwealth needs to:

(i) decide whether the wetland is of international significance in terms of ecology, botany, zoology, limnology or hydrology; and

(ii) designate the wetland for inclusion in the List of Wetlands of International Importance kept under Article 2 of the Ramsar Convention;

(b) 12 months.

Revocation of declaration of threatened wetland

(7) The Minister must, by notice in the Gazette , revoke a declaration of a wetland if:

(a) the Minister is satisfied that the wetland is not of international significance because of its ecology, botany, zoology, limnology or hydrology; or

(b) the Minister is satisfied that there is no longer a threat to any part of the wetland.

(19) Page 16, at the end of Subdivision B (after proposed clause 17A), add:

17B Offences relating to declared Ramsar wetlands

(1) A person is guilty of an offence if:

(a) the person takes an action; and

(b) the action results or will result in a significant impact on the ecological character of a declared Ramsar wetland.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(2) A person is guilty of an offence if:

(a) the person takes an action; and

(b) the action is likely to have a significant impact on the ecological character of a declared Ramsar wetland and the person is reckless as to that fact.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(3) An offence against subsection (1) or (2) is punishable on conviction by imprisonment for a term not more than 7 years, a fine not more than 420 penalty units, or both.

Note 1: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.

Note 2: An executive officer of a body corporate convicted of an offence against this section may also be guilty of an offence against section 495.

(4) Subsections (1) and (2) do not apply to an action if:

(a) an approval of the taking of the action by the person is in operation under Part 9 for the purposes of this section; or

(b) Part 4 lets the person take the action without an approval under Part 9 for the purposes of this section; or

(c) there is in force a decision of the Minister under Division 2 of Part 7 that this section is not a controlling provision for the action and, if the decision was made because the Minister believed the action would be taken in a manner specified in the notice of the decision under section 77, the action is taken in that manner; or

(d) the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process).

Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code .

(20) Page 18 (after line 11), after clause 18, insert:

18A Offences relating to threatened species etc.

(1) A person is guilty of an offence if:

(a) the person takes an action; and

(b) the action results or will result in a significant impact on:

(i) a listed threatened species; or

(ii) a listed threatened ecological community.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(2) A person is guilty of an offence if:

(a) the person takes an action; and

(b) the action is likely to have a significant impact on:

(i) a listed threatened species; or

(ii) a listed threatened ecological community;

and the person is reckless as to that fact.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(3) An offence against subsection (1) or (2) is punishable on conviction by imprisonment for a term not more than 7 years, a fine not more than 420 penalty units, or both.

Note 1: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.

Note 2: An executive officer of a body corporate convicted of an offence against this section may also be guilty of an offence against section 495.

(4) Subsections (1) and (2) do not apply to an action if:

(a) the listed threatened species subject to the significant impact (or likely to be subject to the significant impact) is:

(i) a species included in the extinct category of the list under section 178; or

(ii) a conservation dependent species; or

(b) the listed threatened ecological community subject to the significant impact (or likely to be subject to the significant impact) is an ecological community included in the vulnerable category of the list under section 181.

Note 1: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code .

Note 2: Section 19 sets out other defences. The defendant bears an evidential burden in relation to the matters in that section too. See subsection 13.3(3) of the Criminal Code .

(21) Clause 19, page 18 (line 14), after "18", insert "or 18A".

(22) Clause 19, page 18 (line 19), after "18", insert "or 18A".

(23) Clause 19, page 18 (line 24), after "18", insert "or 18A".

(24) Clause 19, page 18 (line 27) to page 19 (line 2), omit paragraph (3)(b), substitute:

(b) there is in force a decision of the Minister under Division 2 of Part 7 that the subsection is not a controlling provision for the action and, if the decision was made because the Minister believed the action would be taken in a manner specified in the notice of the decision under section 77, the action is taken in that manner; or

(25) Clause 19, page 19 (lines 5 and 6), omit ", or the giving of an authorisation (however described) of such an action".

(26) Clause 20, page 19 (lines 23 to 27), omit paragraph (2)(c), substitute:

(c) there is in force a decision of the Minister under Division 2 of Part 7 that this section is not a controlling provision for the action and, if the decision was made because the Minister believed the action would be taken in a manner specified in the notice of the decision under section 77, the action is taken in that manner; or

(27) Clause 20, page 19 (lines 30 and 31), omit ", or the giving of an authorisation (however described) of such an action".

(28) Page 19 (after line 31), at the end of Subdivision D, add:

20A Offences relating to listed migratory species

(1) A person is guilty of an offence if:

(a) the person takes an action; and

(b) the action results or will result in a significant impact on a listed migratory species.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(2) A person is guilty of an offence if:

(a) the person takes an action; and

(b) the action is likely to have a significant impact on a listed migratory species and the person is reckless as to that fact.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(3) An offence against subsection (1) or (2) is punishable on conviction by imprisonment for a term not more than 7 years, a fine not more than 420 penalty units, or both.

Note 1: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.

Note 2: An executive officer of a body corporate convicted of an offence against this section may also be guilty of an offence against section 495.

(4) Subsections (1) and (2) do not apply to an action if:

(a) an approval of the taking of the action by the person is in operation under Part 9 for the purposes of this section; or

(b) Part 4 lets the person take the action without an approval under Part 9 for the purposes of this section; or

(c) there is in force a decision of the Minister under Division 2 of Part 7 that this section is not a controlling provision for the action and, if the decision was made because the Minister believed the action would be taken in a manner specified in the notice of the decision under section 77, the action is taken in that manner; or

(d) the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process).

Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code .

(29) Clause 21, page 21 (lines 6 to 10), omit paragraph (4)(c), substitute:

(c) there is in force a decision of the Minister under Division 2 of Part 7 that this section is not a controlling provision for the action and, if the decision was made because the Minister believed the action would be taken in a manner specified in the notice of the decision under section 77, the action is taken in that manner; or

(30) Clause 21, page 21 (lines 13 and 14), omit ", or the giving of an authorisation (however described) of such an action".

(31) Clause 22, page 21 (line 19), omit "or a facility for storing spent nuclear fuel".

(32) Clause 22, page 21 (line 31) to page 22 (line 7), omit the definition of nuclear installation , substitute:

nuclear installation means any of the following:

(a) a nuclear reactor for research or production of nuclear materials for industrial or medical use (including critical and sub-critical assemblies);

(b) a plant for preparing or storing fuel for use in a nuclear reactor as described in paragraph (a);

(c) a nuclear waste storage or disposal facility with an activity that is greater than the activity level prescribed by regulations made for the purposes of this section;

(d) a facility for production of radioisotopes with an activity that is greater than the activity level prescribed by regulations made for the purposes of this section.

Note: A nuclear waste storage or disposal facility could include a facility for storing spent nuclear fuel, depending on the regulations.

(33) Clause 22, page 22 (lines 8 and 9), omit the definition of nuclear reactor .

(34) Page 22 (after line 19), at the end of Subdivision E, add:

22A Offences relating to nuclear actions

(1) A constitutional corporation, or a Commonwealth agency that does not enjoy the immunities of the Commonwealth, is guilty of an offence if:

(a) the corporation or agency takes a nuclear action; and

(b) the nuclear action results or will result in a significant impact on the environment.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(2) A constitutional corporation, or a Commonwealth agency that does not enjoy the immunities of the Commonwealth, is guilty of an offence if:

(a) the corporation or agency takes a nuclear action; and

(b) the nuclear action is likely to have a significant impact on the environment and the corporation or agency is reckless as to that fact.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(3) A person is guilty of an offence if:

(a) the person takes a nuclear action; and

(b) the nuclear action is taken for the purposes of trade or commerce:

(i) between Australia and another country; or

(ii) between 2 States; or

(iii) between a State and a Territory; or

(iv) between 2 Territories; and

(c) the nuclear action results or will result in a significant impact on the environment.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(4) A person is guilty of an offence if:

(a) the person takes a nuclear action; and

(b) the nuclear action is taken for the purposes of trade or commerce:

(i) between Australia and another country; or

(ii) between 2 States; or

(iii) between a State and a Territory; or

(iv) between 2 Territories; and

(c) the nuclear action is likely to have a significant impact on the environment and the person is reckless as to that fact.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(5) A person is guilty of an offence if:

(a) the person takes a nuclear action; and

(b) the nuclear action is taken in a Territory; and

(c) the nuclear action results or will result in a significant impact on the environment.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(6) A person is guilty of an offence if:

(a) the person takes a nuclear action; and

(b) the nuclear action is taken in a Territory; and

(c) the nuclear action is likely to have a significant impact on the environment and the person is reckless as to that fact.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(7) An offence against subsection (1), (2), (3), (4), (5) or (6) is punishable on conviction by imprisonment for a term not more than 7 years, a fine not more than 420 penalty units, or both.

Note 1: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.

Note 2: An executive officer of a body corporate convicted of an offence against this section may also be guilty of an offence against section 495.

(8) Subsections (1), (2), (3), (4), (5) and (6) do not apply to an action if:

(a) an approval of the taking of the action by the person is in operation under Part 9 for the purposes of this section; or

(b) Part 4 lets the person take the action without an approval under Part 9 for the purposes of this section; or

(c) there is in force a decision of the Minister under Division 2 of Part 7 that this section is not a controlling provision for the action and, if the decision was made because the Minister believed the action would be taken in a manner specified in the notice of the decision under section 77, the action is taken in that manner; or

(d) the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process).

Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code .

(35) Clause 23, page 24 (lines 7 to 11), omit paragraph (4)(c), substitute:

(c) there is in force a decision of the Minister under Division 2 of Part 7 that the subsection is not a controlling provision for the action and, if the decision was made because the Minister believed the action would be taken in a manner specified in the notice of the decision under section 77, the action is taken in that manner; or

(36) Clause 23, page 24 (lines 16 and 17), omit ", or the giving of an authorisation (however described) of such an action".

(37) Clause 23, page 24 (after line 29), at the end of the clause, add:

Exception—fishing outside Commonwealth marine areas

(6) Subsection (2) does not apply to an action that:

(a) is fishing (as defined in the Fisheries Management Act 1991 ); and

(b) is permitted under a law of a State or self-governing Territory.

(38) Page 25 (after line 20), at the end of Subdivision F, add:

24A Offences relating to marine areas

Actions in Commonwealth marine areas affecting the environment

(1) A person is guilty of an offence if:

(a) the person takes an action; and

(b) the action is taken in a Commonwealth marine area; and

(c) the action results or will result in a significant impact on the environment.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Actions in Commonwealth marine areas likely to affect the environment

(2) A person is guilty of an offence if:

(a) the person takes an action; and

(b) the action is taken in a Commonwealth marine area; and

(c) the action is likely to have a significant impact on the environment and the person is reckless as to that fact.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Actions outside Commonwealth marine areas affecting those areas

(3) A person is guilty of an offence if:

(a) the person takes an action; and

(b) the action is taken outside a Commonwealth marine area but in the Australian jurisdiction; and

(c) the action results or will result in a significant impact on the environment in a Commonwealth marine area.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Actions likely to affect environment in Commonwealth marine areas

(4) A person is guilty of an offence if:

(a) the person takes an action; and

(b) the action is taken outside a Commonwealth marine area but in the Australian jurisdiction; and

(c) the action is likely to have a significant impact on the environment in a Commonwealth marine area and the person is reckless as to that fact.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Fishing with impact in State or Territory waters managed by Commonwealth

(5) A person is guilty of an offence if:

(a) the person takes an action that:

(i) is fishing (as defined in the Fisheries Management Act 1991 ); and

(ii) is included in the class of activities forming a fishery (as defined in that Act) that is managed under the law of the Commonwealth as a result of an agreement made under section 71 or 72 of that Act before the commencement of this section; and

(b) the action is taken in the coastal waters (as defined in the Fisheries Management Act 1991 ) of a State or the Northern Territory; and

(c) the action results or will result in a significant impact on the environment in those coastal waters.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Fishing with likely impact in State or Territory waters managed by Commonwealth

(6) A person is guilty of an offence if:

(a) the person takes an action that:

(i) is fishing (as defined in the Fisheries Management Act 1991 ); and

(ii) is included in the class of activities forming a fishery (as defined in that Act) that is managed under the law of the Commonwealth as a result of an agreement made under section 71 or 72 of that Act before the commencement of this section; and

(b) the action is taken in the coastal waters (as defined in the Fisheries Management Act 1991 ) of a State or the Northern Territory; and

(c) the action is likely to have a significant impact on the environment in those coastal waters and the person is reckless as to that fact.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Penalties

(7) An offence against subsection (1), (2), (3), (4), (5) or (6) is punishable on conviction by imprisonment for a term not more than 7 years, a fine not more than 420 penalty units, or both.

Note 1: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.

Note 2: An executive officer of a body corporate convicted of an offence against this section may also be guilty of an offence against section 495.

Defences—general

(8) Subsection (1), (2), (3), (4), (5) or (6) does not apply to an action if:

(a) an approval of the taking of the action by the person is in operation under Part 9 for the purposes of this section; or

(b) Part 4 lets the person take the action without an approval under Part 9 for the purposes of this section; or

(c) there is in force a decision of the Minister under Division 2 of Part 7 that the subsection is not a controlling provision for the action and, if the decision was made because the Minister believed the action would be taken in a manner specified in the notice of the decision under section 77, the action is taken in that manner; or

(d) the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process).

Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code .

Defence—fishing in Commonwealth waters managed by State

(9) Subsections (1) and (2) do not apply to an action if the action:

(a) is fishing (as defined in the Fisheries Management Act 1991 ); and

(b) is included in the class of activities forming a fishery (as defined in that Act) that is managed under the law of a State or the Northern Territory as a result of an agreement made under section 71 or 72 of that Act before the commencement of this section; and

(c) is permitted under a law of the State or Territory.

Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code .

Defence—fishing outside Commonwealth marine areas

(10) Subsections (3) and (4) do not apply to an action that:

(a) is fishing (as defined in the Fisheries Management Act 1991 ); and

(b) is permitted under a law of a State or self-governing Territory.

Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code .

(39) Clause 25, page 26 (lines 3 to 7), omit paragraph (2)(c), substitute:

(c) there is in force a decision of the Minister under Division 2 of Part 7 that this section is not a controlling provision for the action and, if the decision was made because the Minister believed the action would be taken in a manner specified in the notice of the decision under section 77, the action is taken in that manner; or

(40) Clause 25, page 26 (lines 10 and 11), omit ", or the giving of an authorisation (however described) of such an action".

(41) Clause 25, page 26 (lines 12 to 23), omit subclause (3), substitute:

(3) Before the Governor-General makes regulations prescribing an action for the purposes of subsection (1), the Minister (the Environment Minister ) must:

(a) inform the appropriate Minister of each State and self-governing Territory of the proposal to prescribe:

(i) the action; and

(ii) a thing as matter protected by this section in relation to the action; and

(b) invite the appropriate Minister of each State and self-governing Territory to give the Environment Minister comments on the proposal within a specified period of at least 28 days; and

(c) consider the comments (if any); and

(d) if comments have been given as described in paragraph (b)—take all reasonable steps to consult the appropriate Minister of each State and self-governing Territory with a view to agreeing on:

(i) the action to be prescribed; and

(ii) the thing to be prescribed as matter protected by this section in relation to the action.

Note: Section 34 provides that the matter protected by this section is a thing prescribed by the regulations in relation to the action.

(3A) To avoid doubt, regulations may be made for the purposes of this section even if no agreement is reached on the matters described in paragraph (3)(d).

(42) Clause 25, page 27 (after line 7), at the end of the clause, add:

(6) Regulations prescribing an action whose regulation is appropriate and adapted to give effect to Australia's obligations under an agreement with one or more countries must specify the agreement.

(43) Clause 26, page 29 (lines 3 and 4), omit paragraph (c).

(44) Clause 26, page 29 (lines 5 to 9), omit paragraph (d), substitute:

(d) there is in force a decision of the Minister under Division 2 of Part 7 that the subsection is not a controlling provision for the action and, if the decision was made because the Minister believed the action would be taken in a manner specified in the notice of the decision under section 77, the action is taken in that manner; or

(45) Clause 26, page 29 (lines 12 and 13), omit ", or the giving of an authorisation (however described) of such an action".

(46) Clause 26, page 29 (lines 18 to 23), omit subclause (4).

(47) Page 29 (after line 26), at the end of Subdivision A, add:

27A Offences relating to Commonwealth land

(1) A person is guilty of an offence if:

(a) the person takes an action; and

(b) the action is taken on Commonwealth land; and

(c) the action results or will result in a significant impact on the environment.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(2) A person is guilty of an offence if:

(a) the person takes an action; and

(b) the action is taken on Commonwealth land; and

(c) the action is likely to have a significant impact on the environment and the person is reckless as to that fact.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(3) A person is guilty of an offence if:

(a) the person takes an action; and

(b) the action is taken outside Commonwealth land but in the Australian jurisdiction; and

(c) the action results or will result in a significant impact on the environment on Commonwealth land.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(4) A person is guilty of an offence if:

(a) the person takes an action; and

(b) the action is taken outside Commonwealth land but in the Australian jurisdiction; and

(c) the action is likely to have a significant impact on the environment on Commonwealth land and the person is reckless as to that fact.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(5) An offence against subsection (1), (2), (3) or (4) is punishable on conviction by imprisonment for a term not more than 2 years, a fine not more than 120 penalty units, or both.

Note 1: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.

Note 2: An executive officer of a body corporate convicted of an offence against this section may also be guilty of an offence against section 495.

(6) Subsection (1), (2), (3) or (4) does not apply to an action if:

(a) an approval of the taking of the action by the person is in operation under Part 9 for the purposes of the subsection; or

(b) Part 4 lets the person take the action without an approval under Part 9 for the purposes of the subsection; or

(c) there is in force a decision of the Minister under Division 2 of Part 7 that the subsection is not a controlling provision for the action and, if the decision was made because the Minister believed the action would be taken in a manner specified in the notice of the decision under section 77, the action is taken in that manner; or

(d) the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process); or

(e) the person taking the action is a Commonwealth agency.

Note 1: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code .

Note 2: Section 28 regulates actions by the Commonwealth or a Commonwealth agency with a significant impact on the environment.

(48) Heading to Subdivision B, page 30 (line 2), omit "activities and decisions ", substitute "actions ".

(49) Clause 28, page 30 (lines 25 to 29), omit paragraph (d), substitute:

(d) there is in force a decision of the Minister under Division 2 of Part 7 that this section is not a controlling provision for the action and, if the decision was made because the Minister believed the action would be taken in a manner specified in the notice of the decision under section 77, the action is taken in that manner; or

(50) Clause 28, page 31 (lines 1 and 2), omit ", or the giving of an authorisation (however described) of such an action".

(51) Page 31 (after line 15), at the end of Part 3, add:

Division 3—Review of extension of operation of this Part

28A Identifying extra matters to be protected by this Part

(1) Every 5 years after the commencement of this Act, the Minister must cause a report to be prepared on whether this Part should be amended (or regulations made for the purposes of section 25) to prohibit or regulate additional actions that have, will have or are likely to have a significant impact on environmental matters that may properly be regarded as being of national or international significance.

(2) The following must be taken into account in preparing the report:

(a) environmental matters that are properly regarded as being of national or international significance;

(b) the adequacy of existing legislation and administrative measures of the Commonwealth, the States and the Territories to prevent significant impacts on those matters;

(c) the principles of ecologically sustainable development;

(d) Australia's international obligations;

(e) the objects of this Act;

(f) the matters (if any) prescribed by the regulations for the purposes of this paragraph.

(3) Before preparation of the report begins, the Minister must publish in accordance with the regulations (if any) an invitation for persons to comment, within a specified period, on the matters to be covered by the report.

(4) Before preparation of the report is completed, the Minister must cause to be published in accordance with the regulations (if any):

(a) a draft of the report; and

(b) an invitation to comment on the draft within the period specified by the Minister.

(5) The Minister must publish the report.

(6) To avoid doubt, this section does not affect the operation of section 25.

(52) Clause 29, page 32 (line 13), after "provision", insert "(because the action is approved in accordance with a management plan that is a bilaterally accredited management plan for the purposes of the bilateral agreement)".

(53) Clause 29, page 32 (line 15), at the end of subclause (1), add:

; and (d) the bilaterally accredited management plan is in force under a law of the State or Territory identified in or under the bilateral agreement; and

(e) the action is taken in accordance with the bilaterally accredited management plan.

(54) Clause 31, page 33 (line 27), after "Part 3", insert "(because the action is approved or taken in accordance with a bilaterally accredited management plan)".

(55) Clause 31, page 33 (line 32), at the end of the clause, add:

; and (f) the bilaterally accredited management plan is in force under a law of the State or self-governing Territory identified in or under the bilateral agreement; and

(g) the action is taken in accordance with the bilaterally accredited management plan.

(56) Page 34 (before line 2), before clause 32, insert:

Subdivision A—Effect of declarations

[Approval declarations]

(57) Clause 32, page 34 (line 9), after "provision", insert "(because the action is approved in accordance with an accredited management plan for the purposes of the declaration)".

(58) Clause 32, page 34 (line 10), at the end of the clause, add:

; and (c) the accredited management plan is in force under a law of the Commonwealth identified in or under the declaration; and

(d) the action is taken in accordance with the accredited management plan.

(59) Page 34 (after line 10), after clause 32, insert:

Subdivision B—Making declarations

[Approval declarations]

(60) Clause 33, page 34 (line 11) to page 35 (line 26), omit the clause, substitute:

33 Making declaration that actions do not need approval under Part 9

Declaration of actions not needing approval

(1) The Minister may declare in writing that actions in a class of actions specified in the declaration wholly or partly by reference to the fact that their taking has been approved by the Commonwealth or a specified Commonwealth agency, in accordance with a management plan that is an accredited management plan for the purposes of the declaration, do not require approval under Part 9 for the purposes of a specified provision of Part 3.

Note 1: Subdivisions C and D set out rules about prerequisites for making a declaration and limits on making a declaration.

Note 2: Section 35 provides for revocation of a declaration.

What is an accredited management plan ?

(2) A management plan is an accredited management plan for the purposes of a declaration that certain actions do not require approval under Part 9 for the purposes of a specified provision of Part 3 if and only if the management plan:

(a) is in force under a law of the Commonwealth identified in or under the declaration; and

(b) has been accredited in writing by the Minister in accordance with this section for the purposes of the declaration.

Accrediting management plan

(3) For the purposes of subsection (2), the Minister may accredit by written instrument a management plan for the purposes of a declaration. However, the Minister may do so only if the Minister is satisfied that:

(a) the management plan and the law under which it is in force (or is to be in force) meet the criteria prescribed by the regulations; and

(b) there has been or will be adequate assessment of the impacts that actions approved in accordance with the plan:

(i) have or will have; or

(ii) are likely to have;

on each matter protected by a provision of Part 3 to which the declaration relates; and

(c) actions approved or taken in accordance with the management plan will not have unacceptable or unsustainable impacts on a matter protected by a provision of Part 3 to which the declaration relates.

The Minister must publish in accordance with the regulations (if any) the instrument accrediting the management plan.

Note: Subdivision C sets out more prerequisites for accrediting a plan.

Tabling of management plan before accreditation

(4) The Minister must cause to be laid before each House of the Parliament a copy of a management plan that the Minister is considering accrediting for the purposes of subsection (2), together with a notice that the Minister proposes to accredit the plan for a declaration under this section.

No accreditation before end of period for opposition

(5) The Minister must not accredit a management plan for the purposes of subsection (2) under a bilateral agreement:

(a) before, or within 15 sitting days after, a copy of the management plan is laid before each House of the Parliament under this section; or

(b) if, within those 15 sitting days of a House, notice of a motion to oppose accreditation of the management plan

is given in that House—within 15 sitting days of that House after the notice is given.

No accreditation after accreditation opposed

(6) The Minister must not accredit the management plan if either House of the Parliament passes a resolution opposing accreditation of the management plan following a motion of which notice has been given within 15 sitting days after the management plan has been laid before the House under this section.

No accreditation if motion not defeated in time

(7) The Minister must not accredit the management plan if at the end of 15 sitting days after notice of a motion to oppose accreditation of the management plan that was given in a House of the Parliament within 15 sitting days after the management plan was laid before the House under this section:

(a) the notice has not been withdrawn and the motion has not been called on; or

(b) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of.

Extended time after dissolution or prorogation

(8) If:

(a) notice of a motion to oppose the accreditation of the management plan is given in a House of the Parliament (the opposing House ); and

(b) before the end of 15 sitting days of the opposing House after the notice is given:

(i) the House of Representatives is dissolved or expires; or

(ii) the Parliament is prorogued; and

(c) at the time of the dissolution, expiry or prorogation (as appropriate):

(i) the notice has not been withdrawn and the motion has not been called on; or

(ii) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;

the management plan is taken for the purposes of subsections (5), (6) and (7) to have been laid before the opposing House on the first sitting day of that House after the dissolution, expiry or prorogation (as appropriate).

(61) Page 36 (after table item 1), insert:

1A

section 15A

the world heritage values of a declared World Heritage property

(62) Page 36 (after table item 2), insert:

2A

section 17B

the ecological character of a declared Ramsar wetland

(63) Page 36 (after table item 8), insert:

8A

subsection 18A(1) or (2)

a listed threatened species (except a species included in the extinct category of the list referred to in section 178 or a conservation dependent species) and a listed threatened ecological community (except an ecological community included in the vulnerable category of the list referred to in section 181)

(64) Page 36 (after table item 9), insert:

9A

section 20A

a listed migratory species

(65) Page 36 (after table item 10), insert:

10A

section 22A

the environment

(66) Page 36 (after table item 13), insert:

13A

subsection 24A(1) or (2)

the environment

13B

subsection 24A(3) or (4)

the environment in a Commonwealth marine area

13C

subsection 24A(5) or (6)

the environment in the coastal waters (as defined in the Fisheries Management Act 1991 ) in which the action is taken of the State or Territory

(67) Page 36 (after table item 16), insert:

16A

subsection 27A(1) or (2)

the environment

16B

subsection 27A(3) or (4)

the environment on Commonwealth land

(68) Page 37 (before line 1), before clause 35, insert:

Subdivision C—Prerequisites for making declarations

34A Minister may only make declaration if prescribed criteria are met

The Minister may make a declaration under section 33 only if the Minister is satisfied that the declaration:

(a) accords with the objects of this Act; and

(b) meets the requirements (if any) prescribed by the regulations.

34B Declarations relating to declared World Heritage properties

(1) The Minister may make a declaration under section 33 relating to a declared World Heritage property only if:

(a) the Minister is satisfied that the declaration is not inconsistent with Aust ralia's obligations under the World Heritage Convention; and

(b) the Minister is satisfied that the declaration will promote the management of the property in accordance with the Australian World Heritage management principles; and

(c) the declaration meets the requirements (if any) prescribed by the regulations.

(2) The Minister may accredit a management plan under section 33 for the purposes of a declaration relating to a declared World Heritage property only if:

(a) the Minister is satisfied that the management plan is not inconsistent with Australia's obligations under the World Heritage Convention; and

(b) the Minister is satisfied that the management plan will promote the management of the property in accordance with the Australian World Heritage management principles.

34C Declarations relating to declared Ramsar wetlands

(1) The Minister may make a declaration under section 33 relating to a declared Ramsar wetland only if:

(a) the Minister is satisfied that the declaration is not inconsistent with Australia's obligations under the Ramsar Convention; and

(b) the Minister is satisfied that the declaration will promote the management of the wetland in accordance with the Australian Ramsar management principles; and

(c) the declaration meets the requirements (if any) prescribed by the regulations.

(2) The Minister may accredit a management plan under section 33 for the purposes of a declaration relating to a declared Ramsar wetland only if:

(a) the Minister is satisfied that the management plan is not inconsistent with Australia's obligations under the Ramsar Convention; and

(b) the Minister is satisfied that the management plan will promote the management of the wetland in accordance with the Australian Ramsar management principles.

34D Declarations relating to listed threatened species and ecological communities

(1) The Minister may make a declaration under section 33 relating to a listed threatened species or a listed threatened ecological community only if:

(a) the Minister is satisfied that the declaration is not inconsistent with Australia's obligations under:

(i) the Biodiversity Convention; or

(ii) the Apia Convention; or

(iii) CITES; and

(b) the Minister is satisfied that the declaration will promote the survival and/or enhance the conservation status of each species or community to which the declaration relates; and

(c) the Minister is satisfied that the declaration is not inconsistent with any recovery plan for the species or community or a threat abatement plan; and

(d) the declaration meets the requirements (if any) prescribed by the regulations.

(2) The Minister may accredit a management plan under section 33 for the purposes of a declaration relating to a listed threatened species or a listed threatened ecological community only if:

(a) the Minister is satisfied that the management plan is not inconsistent with Australia's obligations under:

(i) the Biodiversity Convention; or

(ii) the Apia Convention; or

(iii) CITES; and

(b) the Minister is satisfied that the management plan will promote the survival and/or enhance the conservation status of each species or community to which the declaration relates; and

(c) the Minister is satisfied that the management plan is not inconsistent with any recovery plan for the species or community or a threat abatement plan.

34E Declarations relating to migratory species

(1) The Minister may make a declaration under section 33 relating to a listed migratory species only if:

(a) the Minister is satisfied that the declaration is not inconsistent with the Commonwealth's obligations under whichever of the following conventions or agreements because of which the species is listed:

(i) the Bonn Convention;

(ii) CAMBA;

(iii) JAMBA;

(iv) an international agreement approved under subsection 209(4); and

(b) the Minister is satisfied that the declaration will promote the survival and/or enhance the conservation status of each species to which the declaration relates; and

(c) the declaration meets the requirements (if any) prescribed by the regulations.

(2) The Minister may accredit a management plan under section 33 for the purposes of a declaration relating to a listed migratory species only if:

(a) the Minister is satisfied that the management plan is not inconsistent with the Commonwealth's obligations under whichever of the following conventions or agreements because of which the species is listed:

(i) the Bonn Convention;

(ii) CAMBA;

(iii) JAMBA;

(iv) an international agreement approved under subsection 209(4); and

(b) the Minister is satisfied that the management plan will promote the survival and/or enhance the conservation status of each species to which the declaration relates.

Subdivision D—Other rules about declarations

[Approval declarations]

(69) Clause 35, page 37 (lines 7 to 11), omit paragraph (2)(a), substitute:

(a) before the revocation of a declaration made under section 33, an action could be taken without approval under Part 9 because its taking had been approved by the Commonwealth or a Commonwealth agency in accordance with a management plan that was an accredited management plan for the purposes of the declaration; and

(70) Clause 36, page 37 (line 17), omit "or revoking a declaration under section 33 or 35", substitute "a declaration or accrediting a management plan under section 33, or revoking a declaration under section 35,".

(71) Clause 36, page 38 (line 2), after "33,", insert "an instrument accrediting a management plan under section 33,".

(75) Clause 45, page 47 (lines 27 to 29), omit subclause (3), substitute:

Publishing notice of intention to enter into agreement

(3) As soon as practicable after starting the process of developing a draft bilateral agreement with a State or self-governing Territory, the Minister must publish, in accordance with the regulations (if any), notice of his or her intention to develop a draft bilateral agreement with the State or Territory.

Publishing bilateral agreements and related material

(4) As soon as practicable after entering into a bilateral agreement, the Minister must publish in accordance with the regulations:

(a) the agreement; and

(b) a statement of the Minister's reasons for entering into the agreement; and

(c) a report on the comments (if any) received on the draft of the agreement published under Subdivision B.

(76) Clause 46, page 48 (line 1) to page 50 (line 2), omit the clause, substitute:

46 Agreement may declare actions do not need approval under Part 9

Declaration of actions not needing approval

(1) A bilateral agreement may declare that actions in a class of actions specified in the agreement wholly or partly by reference to the fact that their taking has been approved by:

(a) the State or self-governing Territory that is party to the agreement; or

(b) an agency of the State or Territory;

in accordance with a management plan that is a bilaterally accredited management plan for the purposes of the agreement do not require approval under Part 9 for the purposes of a specified provision of Part 3.

What is a bilaterally accredited management plan ?

(2) A management plan is a bilaterally accredited management plan for the purposes of a bilateral agreement declaring that certain actions do not require approval under Part 9 for the purposes of a specified provision of Part 3 if and only if the management plan:

(a) is in force under a law:

(i) of the State or Territory that is party to the agreement; and

(ii) identified in or under the agreement; and

(b) has been accredited in writing by the Minister in accordance with this section for the purposes of the agreement.

Accrediting management plan

(3) For the purposes of subsection (2), the Minister may accredit in writing a management plan for the purposes of a bilateral agreement with a State or self-governing Territory. However, the Minister may do so only if the Minister is satisfied that:

(a) the management plan and the law of the State or Territory under which the management plan is in force (or is to be in force) meet the criteria prescribed by the regulations; and

(b) there has been or will be adequate assessment of the impacts that actions approved in accordance with the management plan:

(i) have or will have; or

(ii) are likely to have;

on each matter protected by a provision of Part 3 in relation to which the agreement makes a declaration under subsection (1); and

(c) actions approved in accordance with the management plan will not have unacceptable or unsustainable impacts on a matter protected by a provision of Part 3 in relation to which the agreement makes a declaration under subsection (1).

The Minister must publish in accordance with the regulations (if any) the instrument accrediting the management plan.

Note: Subdivision B sets out more prerequisites for accrediting a plan.

Tabling of management plan before accreditation

(4) The Minister must cause to be laid before each House of the Parliament a copy of a management plan that the Minister is considering accrediting for the purposes of subsection (2).

No accreditation before end of period for disallowance

(5) The Minister must not accredit a management plan for the purposes of subsection (2) under a bilateral agreement:

(a) before, or within 15 sitting days after, a copy of the plan is laid before each House of the Parliament; or

(b) if, within those 15 sitting days of a House, notice of a motion to disallow the management plan is given in that House—within 15 sitting days of that House after the notice is given.

Disallowance motion passed

(6) The Minister must not accredit the management plan if either House of the Parliament passes a resolution disallowing the management plan following a motion of which notice has been given within 15 sitting days after the plan has been laid before the House.

Disallowance motion not defeated in time

(7) The Minister must not accredit the management plan if at the end of 15 sitting days after notice of a motion to disallow the management plan that was given in a House of the Parliament within 15 sitting days after the management plan was laid before the House:

(a) the notice has not been withdrawn and the motion has not been called on; or

(b) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of.

Extended time after dissolution or prorogation

(8) If:

(a) notice of a motion to disallow the management plan is given in a House of the Parliament (the disallowing House ); and

(b) before the end of 15 sitting days of the disallowing House after the notice is given:

(i) the House of Representatives is dissolved or expires; or

(ii) the Parliament is prorogued; and

(c) at the time of the dissolution, expiry or prorogation (as appropriate):

(i) the notice has not been withdrawn and the motion has not been called on; or

(ii) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;

the management plan is taken for the purposes of subsections (5), (6) and (7) to have been laid before the disallowing House on the first sitting day of that House after the dissolution, expiry or prorogation (as appropriate).

No preference

(9) In accrediting a management plan for the purposes of a bilateral agreement making a declaration relating to an action:

(a) by a person for the purposes of trade between Australia and another country or between 2 States; or

(b) by a constitutional corporation;

the Minister must not give preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State.

Requirements for bilateral agreement making declaration

(10) The declaration does not have effect for the purposes of this Act unless the bilateral agreement requires the State or self-governing Territory that is party to the agreement and agencies of the State or Territory:

(a) to act in accordance with a management plan that is a bilaterally accredited management plan for the purposes of the agreement; and

(b) not to approve the taking of actions that would be inconsistent with a management plan that is a bilaterally accredited management plan for the purposes of the agreement.

(77) Page 52 (after line 14), after clause 48, insert:

48A Mandatory provisions

Application

(1) A bilateral agreement with a State or self-governing Territory including a declaration that is described in section 46 or 47 and covers actions described in subsection (2) or (3) does not have effect for the purposes of this Act unless the agreement also includes the undertaking required by subsection (2) or (3) (as appropriate).

Agreements including declarations about approvals

(2) A bilateral agreement including a declaration described in section 46 must include an undertaking by the State or Territory to ensure that the environmental impacts that the following actions covered by the declaration have, will have or are likely to have on a thing that is not a matter protected by a provision of Part 3 for which the declaration has effect will be assessed to the greatest extent practicable:

(a) actions taken in the State or Territory by a constitutional corporation;

(b) actions taken in the State or Territory by a person for the purposes of trade or commerce between Australia and another country, between 2 States, between a State and a Territory or between 2 Territories;

(c) actions that are taken in the State or Territory and are actions whose regulation is appropriate and adapted to give effect to Australia's obligations under an agreement with one or more other countries;

(d) actions taken in the Territory (if applicable).

Agreements including declarations about assessment

(3) A bilateral agreement including a declaration described in section 47 must include an undertaking by the State or Territory to ensure that the environmental impacts that the following actions covered by the declaration have, will have or are likely to have (other than the relevant impacts of those actions) will be assessed to the greatest extent practicable:

(a) actions taken in the State or Territory by a constitutional corporation;

(b) actions taken in the State or Territory by a person for the purposes of trade or commerce between Australia and an other country, between 2 States, between a State and a Territory or between 2 Territories;

(c) actions that are taken in the State or Territory and are actions whose regulation is appropriate and adapted to give effect to Australia's obligations under an agreement with one or more other countries;

(d) actions taken in the Territory (if applicable).

Auditing

(4) A bilateral agreement does not have effect for the purposes of this Act unless it includes a provision recognising that, under the Auditor-General Act 1997 , the Auditor-General may audit the operations of the Commonwealth public sector (as defined in section 18 of that Act) relating to the bilateral agreement.

(78) Clause 49, page 52 (after line 20), at the end of the clause, add:

(2) A provision of a bilateral agreement does not have any effect in relation to an action in Booderee National Park, Kakadu National Park or Uluru-Kata Tjuta National Park.

(3) Booderee National Park is the Commonwealth reserve (as it exists from time to time) to which the name Booderee National Park was given by Proclamation continued in force by the Environmental Reform (Consequential Provisions) Act 1999 .

(79) Page 52 (before line 22), before clause 50, insert:

49A Consultation on draft agreement

The Minister may enter into a bilateral agreement only if he or she:

(a) has published in accordance with the regulations:

(i) a draft of the agreement; and

(ii) an invitation for any person to give the Minister comments on the draft within a specified period of at least 28 days after the latest day on which the draft or invitation was published; and

(b) has taken into account the comments (if any) received in response to the invitation; and

(c) has considered the role and interests of indigenous peoples in promoting the conservation and ecologically sustainable use of natural resources in the context of the proposed agreement, taking into account Australia's relevant obligations under the Biodiversity Convention.

(80) Clause 51, page 53 (line 9), omit "(if any)".

(81) Clause 51, page 53 (after line 12), at the end of the clause, add:

(2) The Minister may accredit a management plan under section 46 for the purposes of a bilateral agreement containing a provision relating to a declared World Heritage property only if:

(a) the Minister is satisfied that the plan is not inconsistent with Australia's obligations under the World Heritage Convention; and

(b) the Minister is satisfied that the plan will promote the management of the property in accordance with the Australian World Heritage management principles.

(82) Clause 52, page 53 (line 21), omit "(if any)".

(83) Clause 52, page 53 (after line 23), at the end of the clause, add:

(2) The Minister may accredit a management plan under section 46 for the purposes of a bilateral agreement containing a provision relating to a declared Ramsar wetland only if:

(a) the Minister is satisfied that the plan is not inconsistent with Australia's obligations under the Ramsar Convention; and

(b) the Minister is satisfied that the plan will promote the management of the wetland in accordance with the Australian Ramsar management principles.

(84) Clause 53, page 54 (after line 10), at the end of the clause, add:

(2) The Minister may accredit a management plan under section 46 for the purposes of a bilateral agreement containing a provision relating to a listed threatened species or a listed threatened ecological community only if:

(a) the Minister is satisfied that the plan is not inconsistent with Australia's obligations under:

(i) the Biodiversity Convention; or

(ii) the Apia Convention; or

(iii) CITES; and

(b) the Minister is satisfied that the plan will promote the survival and/or enhance the conservation status of each species or community to which the provision relates; and

(c) the Minister is satisfied that the plan is not inconsistent with any recovery plan for the species or community or a threat abatement plan.

(85) Clause 54, page 54 (after line 27), at the end of the clause, add:

The Minister may accredit a management plan under section 46 for the purposes of a bilateral agreement containing a provision relating to a listed migratory species only if:

(a) the Minister is satisfied that the plan is not inconsistent with the Commonwealth's obligations under whichever of the following conventions or agreements because of which the species is listed:

(i) the Bonn Convention;

(ii) CAMBA;

(iii) JAMBA;

(iv) an international agreement approved under subsection 209(4); and

(b) the Minister is satisfied that the plan will promote the survival and/or enhance the conservation status of each species to which the provision relates.

(86) Clause 55, page 54 (line 29), after "agreement", insert ", or accredit for the purposes of a bilateral agreement a management plan,".

(87) Clause 56, page 55 (lines 22 to 26), omit subclause (2).

(88) Clause 60, page 60 (lines 1 to 3), omit subclause (3), substitute:

(3) The suspension continues for the shorter of the following periods:

(a) 3 months;

(b) the period that is specified in the notice (either by reference to time or by reference to the occurrence of an event).

(89) Clause 60, page 60 (after line 4), at the end of the clause, add:

(5) As soon as practicable after the Minister (the Environment Minister ) gives the appropriate Minister of the State or Territory (the State or Territory Minister ) notice of the suspension, the Environment Minister must consult the State or Territory Minister about the non-compliance.

(6) To avoid doubt, this section has effect despite sections 58 and 59.

(90) Clause 62, page 60 (line 26) to page 61 (line 4), omit "may" (wherever occurring), substitute "must".

(91) Clause 63, page 61 (line 12), omit "may", substitute "must".

(92) Clause 64, page 62 (lines 25 and 26), omit "a manner specified in the agreement", substitute "accordance with a management plan that is a bilaterally accredited management plan for the purposes of the agreement".

(93) Clause 64, page 63 (lines 1 to 10), omit subclause (3).

(94) Page 63 (after line 28), at the end of Subdivision B, add:

65A Expiry of bilateral agreement does not affect certain actions

Application of subsection (2)

(1) Subsection (2) explains how this Act operates in relation to an action that a person was able to take without approval under Part 9 for the purposes of a provision of Part 3 because of Division 1 of Part 4 and a provision of a bilateral agreement immediately before the agreement ceases to have effect for the purposes of this Act under section 65.

Actions already approved may be taken

(2) This Act continues to operate in relation to the action as if the agreement had not ceased to have effect if the action was able to be taken without approval under Part 9 because its taking had already been approved in accordance with a management plan that was a bilaterally accredited management plan for the purposes of the agreement.

(95) Clause 66, page 64 (line 24), omit "specially".

(96) Clause 68, page 66 (after line 23), at the end of the clause, add:

(5) Subsections (1) and (2) do not apply in relation to a person proposing to take an action if the person has been informed by the Minister under section 73 that the proposal has been referred to the Minister.

(97) Clause 70, page 67 (line 16), at the end of subclause (1), add "or a longer period agreed by the Minister and the requested person, State, Territory or agency (as appropriate)".

(98) Clause 70, page 67 (line 17), omit "the person does not refer the proposal to take the action, he or she", substitute "the propo sal to take the action is not referred, the person".

(99) Clause 71, page 67 (lines 26 to 31), omit subclause (1), substitute:

(1) A Commonwealth agency (except the Minister) that is aware of a proposal by a person to take an action may refer the proposal to the Minister for a decision whether or not the action is a controlled action, if the agency has administrative responsibilities relating to the action.

(100) Clause 73, page 68 (lines 9 to 12), omit the clause, substitute:

73 Informing person proposing to take action of referral

As soon as practicable after receiving a referral under section 69 or 71 of a proposal by a person to take an action, the Minister must:

(a) inform the person of the referral; and

(b) invite the person to give the Minister relevant information about whether the action is a controlled action, within 10 business days.

(101) Clause 74, page 69 (lines 10 to 15), omit subclause (3), substitute:

Inviting public comment

(3) As soon as practicable after receiving a referral of a proposal to take an action, the Environment Minister must cause to be published on the Internet:

(a) the referral; and

(b) an invitation for anyone to give the Minister comments within 10 business days (measured in Canberra) on whether the action is a controlled action.

(102) Clause 75, page 70 (after line 10), after subclause (1), insert:

Minister must consider public comment

(1A) In making a decision under subsection (1) about the action, the Minister must consider the comments (if any) received:

(a) in response to the invitation (if any) under subsection 74(3) for anyone to give the Minister comments on whether the action is a controlled action; and

(b) within the period specified in the invitation.

(103) Clause 77, page 73 (lines 1 to 10), omit subclause (3), substitute:

Identifying manner of action so it is not caught by provision of Part 3

(3) If, in deciding whether the action is a controlled action or not, the Minister has made a decision (the component decision ) that a particular provision of Part 3 is not a controlling provision for the action because the Minister believes it will be taken in a particular manner (whether or not in accordance with an accredited management plan for the purposes of a declaration under section 33 or a bilaterally accredited management plan for the purposes of a bilateral agreement), the notice must set out the component decision, identifying the provision and the manner.

Note: The Minister may decide a provision of Part 3 is not a controlling provision for an action because he or she believes that the action will be taken in a manner that will ensure the action will not have (and is not likely to have) an adverse impact on the matter protected by the provision.

(104) Clause 78, page 73 (line 28), after "75(1)", insert "about an action".

(105) Clause 78, page 74 (lines 1 to 6), omit paragraph (1)(a), substitute:

(a) the Minister is satisfied that the revocation and substitution is warranted by the availability of substantial new information about the impacts that the action:

(i) has or will have; or

(ii) is likely to have;

on a matter protected by a provision of Part 3; or

(aa) the Minister is satisfied that the revocation and substitution is warranted by a substantial change in circumstances that was not foreseen at the time of the first decision and relates to the impacts that the action:

(i) has or will have; or

(ii) is likely to have;

on a matter protected by a provision of Part 3; or

(106) Clause 78, page 74 (lines 12 to 15), omit paragraph (1)(c), substitute:

(c) if the first decision was that the action was not a controlled action because of a provision of a bilateral agreement or a declaration under section 33 and a management plan that is a bilaterally accredited management plan for the purposes of the agreement or an accredited management plan for the purposes of the declaration:

(i) the provision of the agreement or declaration no longer operates in relation to the action; or

(ii) the management plan is no longer in force under a law of the Commonwealth, a State or a self-governing Territory identified in or under the agreement or declaration; or

(107) Clause 78, page 74 (lines 18 to 34), omit subclause (2), substitute:

Reversing decision that provision of Part 3 is not controlling provision

(2) A provision of Part 3 letting an action be taken if the Minister has decided that a particular provision (the prohibiting provision ) of that Part is not a controlling provision for the action does not prevent the Minister from acting under subsection (1) to revoke a decision that the prohibiting provision is not a controlling provision for an action and substitute a decision that the prohibiting provision is a controlling provision for the action.

(108) Clause 80, page 78 (line 13), omit "a specially accredited", substitute "an accredited assessment".

(109) Clause 83, page 80 (after line 18), insert after note 2:

Note 2A: An action will be in a class of actions declared not to need assessment under this Part only if the action has been assessed in a manner specified in the bilateral agreement.

(110) Clause 84, page 81 (after line 4), at the end of subclause (1), add:

Note: An action will be in a class of actions declared not to need assessment under this Part only if the action has been assessed in a manner specified in the declaration.

(111) Clause 84, page 81 (lines 10 to 22), omit subclause (3), substitute:

Prerequisites for making a declaration

(3) The Minister may make a declaration only if he or she is satisfied that:

(a) assessment of an action in the specified manner will include assessment of the impacts the action:

(i) has or will have; or

(ii) is likely to have;

on each matter protected by a provision of Part 3; and

(b) the specified manner of assessment meets the standards (if any) prescribed by the regulations; and

(c) if the taking of an action assessed in the specified manner must be approved under Part 9, he or she will receive a report including, or accompanied by, enough information about the relevant impacts of the action to let him or her make an informed decision whether or not to approve under Part 9 (for the purpose of each controlling provision) the taking of the action.

Further requirements for making a declaration

(3A) Sections 34A, 34B, 34C, 34D and 34E apply in relation to the making of a declaration under this section in the same way that they apply to the making of a declaration under section 33.

(112) Clause 85, page 83 (line 9), omit "a specially accredited", substitute "an accredited assessment".

(113) Clause 87, page 84 (line 5), omit "a specially accredited process", substitute "an accredited assessment process".

(114) Clause 87, page 85 (line 5), at the end of subclause (3), add:

; and (e) the guidelines (if any) published under subsection (6).

(115) Clause 87, page 85 (lines 6 to 17), omit subclause (4), substitute:

Accredited assessment process

(4) The Minister may decide on an assessment by an accredited assessment process only if the Minister is satisfied that:

(a) the process is to be carried out under a law of the Commonwealth, a State or a self-governing Territory; and

(b) the process and the law meet the standards (if any) prescribed by the regulations; and

(c) the process will ensure that the relevant impacts of the action are adequately assessed; and

(d) he or she will receive a report of the outcome of the process that will provide enough information on the relevant impacts of the action to let him or her make an informed decision whether or not to approve under Part 9 (for the purposes of each controlling provision) the taking of the action.

(116) Clause 87, page 85 (after line 24), at the end of the clause, add:

Guidelines for choosing assessment approach

(6) The Minister may publish in the Gazette guidelines setting out criteria for deciding which approach must be used for assessing the relevant impacts of an action.

(117) Heading to clause 90, page 87 (line 11), omit "trying another approach ", substitute "starting an assessment ".

(118) Clause 90, page 88 (line 4), omit "4,".

(119) Clause 91, page 88 (line 25), omit "a specially accredited", substitute "an accredited assessment".

(120) Clause 93, page 89 (lines 8 to 28), omit the clause, substitute:

93 Public comment on information included in referral

(1) Within 10 business days of the decision, the Minister must give the designated proponent a written direction:

(a) to publish within 10 business days in accordance with the regulations:

(i) specified information included in the referral to the Minister of the proposal to take the action; and

(ii) specified information that was given to the Minister under section 86; and

(iii) specified information relating to the action that was given to the Minister after the referral but before the Minister made the decision under section 87; and

(iv) an invitation for anyone to give the designated proponent comments relating to the information or the action within a period of the length specified in the direction; and

(b) to give to the Minister a copy and summary of any comments received within the period specified in the invitation.

(2) The designated proponent must comply with the direction.

(121) Clause 95, page 90 (lines 19 to 22), omit paragraph (1)(a).

(122) Clause 95, page 90 (lines 23 and 24), omit "was required under section 93 to invite comments on the action and has received comments", substitute "has received comments in response to an invitation under section 93".

(123) Clause 95, page 90 (lines 27 to 29), omit "was required under section 93 to invite comments on the action and did not receive any comments", substitute "has not received any comments in response to an invitation under section 93".

(124) Clause 95, page 91 (lines 5 to 11), omit subclause (3), substitute:

Discretion not to publish

(3) However, the Secretary may refuse to provide a copy of so much of the report as:

(a) is an exempt document under the Freedom of Information Act 1982 on the grounds of the security of the Commonwealth or its providing advice to the Minister; or

(b) the Secretary is satisfied is commercial-in-confidence.

Commercial-in-confidence

(4) The Secretary must not be satisfied that a part of the report is commercial-in-confidence unless a person demonstrates to the Secretary that:

(a) release of the information in that part would cause competitive detriment to the person; and

(b) the information in that part is not in the public domain; and

(c) the information is not required to be disclosed under another law of the Commonwealth, a State or a Territory; and

(d) the information is not readily discoverable.

(125) Clause 97, page 92 (lines 10 and 11), omit subclause (1), substitute:

(1) The Minister must prepare written guidelines for the content of a draft report about the relevant impacts of the action. The Minister must do so:

(a) within 20 business days of the decision that the relevant impacts of the action must be assessed by a public environment report under this Division; or

(b) if the Minister invites a person to comment on a draft of the guidelines within a period specified by the Minister—within 20 business days after the end of that period (or the latest of those periods, if there is more than one).

(126) Clause 97, page 92 (line 21) to page 93 (line 2), omit paragraphs (3)(a) and (b), substitute:

(a) the action is to be taken in a State or self-governing Territory; and

(b) the appropriate Minister of the State or Territory has asked the Minister admin istering this section to ensure that the draft report includes information about those other impacts to help the State or Territory, or an agency of the State or Territory, make decisions about the action; and

(c) the action:

(i) is to be taken by any person for the purposes of trade or commerce between Australia and another country, between 2 States, between a State and a Territory or between 2 Territories or by a constitutional corporation; or

(ii) is an action whose regulation is appropriate and adapted to give effect to Australia's obligations under an agreement with one or more other countries.

(127) Clause 100, page 95 (lines 14 to 20), omit subclause (3), substitute:

Discretion not to publish

(3) However, the Secretary may refuse to provide a copy of so much of the report as:

(a) is an exempt document under the Freedom of Information Act 1982 on the grounds of the security of the Commonwealth or its providing advice to the Minister; or

(b) the Secretary is satisfied is commercial-in-confidence.

Commercial-in-confidence

(4) The Secretary must not be satisfied that a part of the report is commercial-in-confidence unless a person demonstrates to the Secretary that:

(a) release of the information in that part would cause competitive detriment to the person; and

(b) the information in that part is not in the public domain; and

(c) the information is not required to be disclosed under another law of the Commonwealth, a State or a Territory; and

(d) the information is not readily discoverable.

(128) Clause 102, page 96 (lines 10 and 11), omit subclause (1), substitute:

(1) The Minister must prepare written guidelines for the content of a draft statement about the action and its relevant impacts. The Minister must do so:

(a) within 20 business days of the decision that the relevant impacts of the decision must be assessed by an environmental impact statement under this Division; or

(b) if the Minister invites a person to comment on a draft of the guidelines within a period specified by the Minister—within 20 business days after the end of that period (or the latest of those periods, if there is more than one).

(129) Clause 102, page 96 (line 21) to page 97 (line 2), omit paragraphs (3)(a) and (b), substitute:

(a) the action is to be taken in a State or self-governing Territory; and

(b) the appropriate Minister of the State or Territory has asked the Minister administering this section to ensure that the draft statement includes information about those other impacts to help the State or Territory, or an agency of the State or Territory, make decisions about the action; and

(c) the action:

(i) is to be taken by any person for the purposes of trade or commerce between Australia and another country, between 2 States, between a State and a Territory or between 2 Territories or by a constitutional corporation; or

(ii) is an action whose regulation is appropriate and adapted to give effect to Australia's obligations under an agreement with one or more other countries.

(130) Clause 105, page 99 (lines 15 to 21), omit subclause (3), substitute:

Discretion not to publish

(3) However, the Secretary may refuse to provide a copy of so much of the report as:

(a) is an exempt document under the Freedom of Information Act 1982 on the grounds of the security of the Commonwealth or its providing advice to the Minister; or

(b) the Secretary is satisfied is commercial-in-confidence.

Commercial-in-confidence

(4) The Secretary must not be satisfied that a part of the report is commercial-in-confidence unless a person demonstrates to the Secretary that:

(a) release of the information in that part would cause competitive detriment to the person; and

(b) the information in that part is not in the public domain; and

(c) the information is not required to be disclosed under another law of the Commonwealth, a State or a Territory; and

(d) the information is not readily discoverable.

(131) Clause 107, page 101 (lines 10 to 21), omit paragraphs (4)(a) and (b), substitute:

(a) the action is to be taken in a State or self-governing Territory; and

(b) the appropriate Minister of the State or Territory has asked the Minister administering this section to ensure that the inquiry reports on those other impacts to help the State or Territory, or an agency of the State or Territory, make decisions about the action; and

(c) the action:

(i) is to be taken by any person for the purposes of trade or commerce between Australia and another country, between 2 States, between a State and a Territory or between 2 Territories or by a constitutional corporation; or

(ii) is an action whose regulation is appropriate and adapted to give effect to Australia's obligations under an agreement with one or more other countries.

(132) Clause 108, page 102 (line 11), omit "information,".

(133) Clause 130, page 117 (lines 6 to 17), omit subclause (1), substitute:

Basic rule

(1) Within whichever of the following periods is relevant, the Minister must decide for the purposes of each controlling provision whether or not to approve the taking of a controlled action:

(a) 30 business days, or such longer period as the Minister specifies in writing, if the action is the subject of an assessment report;

(b) 40 business days, or such longer period as the Minister specifies in writing, if a commission has conducted an inquiry relating to the action.

Start of period—basic rule

(1A) The relevant period starts on the first business day after the day the Minister receives the assessment report or the report of the commission (as appropriate).

Start of period—certain actions in States and Territories

(1B) However, if the action is to be taken in a State or self-governing Territory and is covered by subsection (1C), the relevant period starts on the later of the following days:

(a) the day worked out under subsection (1A);

(b) the first business day after the day the Minister receives from the State or self-governing Territory a notice:

(i) stating that the certain and likely impacts of the action on things other than matters protected by the controlling provisions for the action have been assessed to the greatest extent practicable; and

(ii) explaining how they have been assessed.

Note 1: This means that the Minister cannot grant an approval until he or she has received notice from a State or Territory as described in paragraph (1B)(b).

Note 2: Subsection (1B) also applies in relation to actions to be taken in an area offshore from a State or the Northern Territory. See section 157.

Actions to which subsection (1B) applies

(1C) Subsection (1B) applies to an action only if it:

(a) is to be taken by any person for the purposes of trade or commerce between Australia and another country, between 2 States, between a State and a Territory or between 2 Territories or by a constitutional corporation; or

(b) is an action whose regulation is appropriate and adapted to give effect to Australia's obligations under an agreement with one or more other countries.

Start of period—actions in 2 or more jurisdictions

(1D) If the action is to be taken in more than one State or self-governing Territory, the relevant period does not start until after the last day on which the Minister receives from one of those States or Territories a notice described in paragraph (1B)(b).

Exception for certain actions

(1E) Subsection (1B) does not apply if:

(a) the action:

(i) is a nuclear action; or

(ii) is to be taken in a Commonwealth marine area; or

(iii) is to be taken on Commonwealth land; or

(iv) is to be taken by the Commonwealth or a Commonwealth agency; and

(b) the relevant impacts of the action have been assessed under Part 8.

(134) Clause 130, page 117 (line 25), omit "specially accredited", substitute "accredited assessment".

(135) Clause 133, page 119 (lines 25 to 27), omit subclause (1), substitute:

Approval

(1) After receiving an assessment report relating to a controlled action, or the report of a commission that has conducted an inquiry relating to a controlled action, the Minister may approve for the purposes of a controlling provision the taking of the action by a person.

(136) Clause 133, page 120 (after line 23), at the end of the clause, add:

Circumstances in which approval must not be granted

(5) The Minister must not approve for the purposes of a provision of Part 3 the taking in a State or self-governing Territory of an action that is covered by subsection (6) before the Minister receives from the State or Territory a notice described in paragraph 130(1B)(b). This does not apply if:

(a) the action:

(i) is a nuclear action; or

(ii) is to be taken in a Commonwealth marine area; or

(iii) is to be taken on Commonwealth land; or

(iv) is to be taken by the Commonwealth or a Commonwealth agency; and

(b) the relevant impacts of the action have been assessed under Part 8.

Note: Subsection (5) also applies in relation to actions to be taken in an area offshore from a State or the Northern Territory. See section 157.

Actions to which subsection (5) applies

(6) Subsection (5) applies to an action only if it:

(a) is to be taken by any person for the purposes of trade or commerce between Australia and another country, between 2 States, between a State and a Territory or between 2 Territories or by a constitutional corporation; or

(b) is an action whose regulation is appropriate and adapted to give effect to Australia's obligations under an agreement with one or more other countries.

Notice of refusal of approval

(7) If the Minister refuses to approve for the purposes of a controlling provision the taking of an action by the person who proposed to take the action, the Minister must give the person notice of the refusal.

Note: Under section 13 of the Administrative Decisions (Judicial Review) Act 1977 , the person may request reasons for the refusal, and the Minister must give them.

(137) Clause 134, page 122 (line 13), omit "or of", substitute "such as".

(138) Clause 134, page 122 (after line 27), after paragraph (4)(a), insert:

(aa) information provided by the person proposing to take the action or by the designated proponent of the action; and

(139) Clause 134, page 122 (after line 31), at the end of the clause, add:

Validity of decision

(5) A failure to consider information as required by paragraph (4)(aa) does not invalidate a decision about attaching a condition to the approval.

(140) Clause 135, page 123 (line 1), after "21", insert "or 22A".

(141) Clause 136, page 124 (line 15) to page 125 (line 14), omit subclause (3).

(142) Clause 137, page 125 (line 28), after "12", insert "or 15A".

(143) Clause 138, page 126 (line 3), after "16", insert "or 17B".

(144) Clause 139, page 126 (line 9), after "16", insert "or section 18A".

(145) Clause 140, page 126 (line 19), after "20", insert "or 20A".

(146) Page 126 (after line 28), after clause 140, insert:

140A No approval for certain nuclear installations

The Minister must not approve an action consisting of or involving the construction or operation of any of the following nuclear installations:

(a) a nuclear fuel fabrication plant;

(b) a nuclear power plant;

(c) an enrichment plant;

(d) a reprocessing facility.

(148) Page 128 (after line 12), at the end of Division 2, add:

142A Offence of breaching conditions on approval

(1) A person whose taking of an action has been approved under this Part is guilty of an offence if:

(a) the person takes an action or omits to take an action; and

(b) the action or omission contravenes a condition attached to the approval and the person is reckless as to that fact; and

(c) the action or omission results or will result in a significant impact on a matter protected by a provision of Part 3.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(2) Strict liability applies to paragraph (1)(c).

Note: For strict liability , see section 6.1 of the Criminal Code .

(3) A person whose taking of an action has been approved under this Part is guilty of an offence if:

(a) the person takes an action or omits to take an action; and

(b) the action or omission contravenes a condition attached to the approval and the person is reckless as to that fact; and

(c) the action or omission is likely to have a significant impact on a matter protected by a provision of Part 3 and the person is reckless as to that fact.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(4) An offence against subsection (1) or (2) is punishable on conviction by imprisonment for a term not more than 2 years, a fine not more than 120 penalty units, or both.

Note 1: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.

Note 2: An executive officer of a body corporate convicted of an offence against this section may also be guilty of an offence against section 495.

(149) Clause 143, page 130 (after line 11), at the end of subclause (5), add:

Note: If the person is not satisfied with changed conditions attached to the approval of the person's action, he or she can ask the Minister to reverse the change by making another change to the conditions under this section.

(150) Clause 143, page 130 (line 17), omit "provide", substitute "publish".

(151) Clause 145, page 131 (after line 31), after subclause (2), insert:

(2A) The Minister may, by written instrument, revoke an approval under this Part of an action for the purposes of a specified provision of Part 3 if he or she believes that:

(a) the impacts that the action has had, will have or is likely to have were not accurately identified in information available to the Minister when the approval was given; and

(b) the information did not accurately identify those impacts because of negligence or a deliberate act or omission by the person proposing to take the action or the designated proponent of the action.

(152) Page 132 (after line 10), at the end of Division 3, add:

145A Reinstating suspended or revoked approval

Application

(1) This section applies if the Minister has, by written instrument:

(a) suspended an approval under this Part of the taking of an action by a person; or

(b) revoked an approval under this Part of the taking of an action by a person.

Requesting reinstatement of approval

(2) Within 2 months after receiving a copy of the instrument under this Division, the person may request the Minister to reinstate the approval.

Deciding whether to reinstate approval

(3) Within 20 business days of receiving the request, the Minister must decide whether or not to reinstate the approval.

Considerations for decision

(4) Subdivision B of Division 1 applies to the decision whether or not to reinstate the approval in the same way as it applies to a decision whether or not to approve the taking of an action.

Extra time for decision

(5) A day is not to be counted for the purposes of subsection (3) if:

(a) the Minister and the person agree in writing that it should not be counted; or

(b) the Minister has requested the person to provide information under subsection (6) and the day is on or before the day on which the Minister receives the last of the information requested.

Requesting information for decision

(6) If the Minister believes on reasonable grounds that he or she does not have enough information to make an informed decision whether or not to reinstate the approval, the Minister may request the person to provide specified information relevant to making the decision.

Reversal of decision to suspend or revoke approval

(7) If the Minister decides to reinstate the approval, it and any conditions attached to it immediately before the suspension or revocation have effect on and after the day of the decision (subject to any future suspension or revocation under this Division).

Notice of decision about reversal

(8) The Minister must:

(a) give the person written notice of the Minister's decision; and

(b) publish notice of the decision in accordance with the regulations.

(153) Page 132, at the end of Part 9 (after proposed clause 145A), add:

Division 4—Transfer of approvals

145B Transfer with Minister's consent

Transfer by written agreement

(1) A person (the transferor ) whose taking of an action has been approved under this Part for the purposes of a provision of Part 3 may transfer the approval to another person (the transferee ) by written agreement, subject to the Minister's consent.

Transfer ineffective until Minister consents

(2) The transfer does not have effect for the purposes of this Act until the Minister consents in writing to the transfer. To avoid doubt, the Minister's consent to a transfer cannot take effect before the Minister gives the consent.

Effect of consent

(3) If the Minister consents to the transfer:

(a) this Act (except Division 3) operates in relation to the transferor as if the Minister had revoked the approval when the Minister's consent took effect; and

(b) this Act operates in relation to the transferee as if, when the Minister's consent to the transfer took effect, he or she:

(i) had approved under this Part for the purposes of the provision of Part 3 the taking of the action by the transferee; and

(ii) had attached to the approval the conditions that were attached to the approval of the taking of the action by the transferor.

Considerations in deciding whether to consent

(4) In deciding whether or not to consent to the transfer, the Minister may consider:

(a) whether the transferee would be a suitable person to be granted the approval, having regard to the transferee's history in relation to environmental matters; and

(b) whether the transferee can comply with the conditions attached to the approval.

Giving copies of consents to transferor and transferee

(5) The Minister must give the transferor and to the transferee a copy of the consent each.

(154) Clause 146, page 133 (after line 9), after subclause (1), insert:

(1A) The agreement may also provide for the assessment of other certain and likely impacts of actions under the policy, plan or program if:

(a) the actions are to be taken in a State or self-governing Territory; and

(b) the appropriate Minister of the State or Territory has asked the Minister administering this section to ensure that the assessment deal with those other im pacts to help the State or Territory, or an agency of the State or Territory, make decisions about the actions; and

(c) the actions:

(i) are to be taken by any person for the purposes of trade or commerce between Australia and another country, between 2 States, between a State and a Territory or between 2 Territories or by a constitutional corporation; or

(ii) are actions whose regulation is appropriate and adapted to give effect to Australia's obligation under an agreement with one or more other countries.

Note: Paragraph (1A)(a) also applies to actions to be taken in an area offshore from a State or the Northern Territory. See section 157.

(155) Clause 146, page 133 (before line 11), before paragraph (a), insert:

(aa) the preparation of draft terms of reference for a report on the impacts to which the agreement relates; and

(ab) the publication of the draft terms of reference for public comment for a period of at least 28 days that is specified by the Minister; and

(ac) the finalisation of the terms of reference, to the Minister's satisfaction, taking into account the comments (if any) received on the draft terms of reference; and

(156) Clause 146, page 133 (line 11), omit "those impacts", substitute "the impacts to which the agreement relates".

(157) Clause 146, page 133 (line 12), after "comment", insert "for a period of at least 28 days that is specified by the Minister".

(158) Clause 146, page 133 (line 12), after "draft", insert "report".

(159) Clause 146, page 133 (line 14), after "draft", insert "report".

(160) Clause 146, page 133 (line 22), omit "those impacts", substitute "the impacts to which the agreement relates".

(161) Clause 146, page 134 (lines 1 to 4), omit note 2, substitute:

Note 2: If the Minister endorses a policy, plan or program embodied in a management plan in force under a law, he or she may declare under section 33, or make a bilateral agreement declaring, that actions approved in accordance with the management plan do not need approval for the purposes of a specified provision of Part 3.

(162) Clause 146, page 134 (after line 4), at the end of the clause, add:

(3) If the agreement relates to actions to be taken in a State or self-governing Territory, the Minister must tell the appropriate Minister of the State or Territory:

(a) that the agreement has been made; and

(b) what those actions are (in general terms).

(163) Clause 147, page 135 (line 25), omit "(which protects", substitute "or 24A (which protect".

(164) Clause 153, page 140 (lines 5 to 10), omit subclause (2), substitute:

(2) The Minister must:

(a) make a declaration under section 33 that actions approved in accordance with the accredited management plan consisting of the endorsed plan or policies do not require an approval under Part 9 for the purposes of subsection 23(1), (2) or (3) or subsection 24A(1), (2), (3), (4), (5) or (6); and

(b) accredit under section 33 the endorsed plan or policies as an accredited management plan for the purposes of the declaration.

Note: The declaration and accreditation will allow actions that would otherwise be prohibited by sections 23 and 24A to be taken without approval if they are taken in accordance with the accredited management plan. See section 32.

(165) Clause 160, page 146 (after line 15), at the end of subclause (1), add:

Note: The giving of an authorisation for an action may be constituted by the renewal of an authorisation of the action or the variation of an authorisation for a different action.

(166) Clause 160, page 146 (lines 18 and 19), omit "the provision of funding by the Commonwealth under Australia's foreign aid program for a project", substitute "the entry by the Commonwealth, under Australia's foreign aid program, into a contract, agreement or arrangement for the implementation of a project".

(167) Clause 160, page 146 (after line 29), insert:

(2A) Regulations may prescribe an action for the purposes of paragraph (2)(d):

(a) partly by reference to the action's having, or being likely to have, a significant impact on the environment; or

(b) partly by reference to a specified person believing that the action has, will have or is likely to have a significant impact on the environment; or

(c) wholly or partly by reference to legislation under which the authorisation of the action is to be granted.

This does not limit the ways in which regulations may prescribe an action.

(168) Clause 162, page 148 (line 24), omit "and 83", substitute ", 83 and 84".

(169) Clause 162, page 149 (line 2), after "controlled action", insert "when the proposal to give the authorisation was referred to the Minister".

(170) Clause 162, page 149 (line 6), omit "that Part", substitute "Part 8".

(171) Clause 162, page 149 (line 10), omit "that Part", substitute "Part 8".

(172) Clause 165, page 150 (line 14) to page 151 (line 21), omit subclauses (1), (2), (3) and (4), substitute:

Overview

(1) This section provides for the assessment of an action for which a person is applying for a permit under Division 3 of Part 13 (about whales and other cetaceans).

Application of Part 8

(2) Part 8 (except sections 82, 83 and 84) and the other provisions of this Act (so far as they relate to that Part) apply in relation to the action proposed to be authorised by the permit as if:

(a) the application for the permit were a referral of a proposal to take the action; and

(b) the Minister had decided under Division 2 of Part 7 that the action was a controlled action when the application was made; and

(c) the person applying for the permit had been designated as the proponent of the action by the Minister under section 75; and

(d) a reference in Part 8 or those provisions to the relevant impacts of the action were a reference to the impact that the action has, will have or is likely to have on cetaceans; and

(e) a reference in Part 8 or those provisions to making an informed decision on approving under Part 9 (for the purposes of each controlling provision) the taking of the action were a reference to making an informed decision about whether or not to issue the permit.

(173) Clause 168, page 153 (lines 19 to 26), omit subclause (2), substitute:

Agreement applying Division 4 of Part 8

(2) An agreement that specifies that Division 4 of Part 8 (about assessment on preliminary documentation) is to apply in relation to an action may deal with how the Minister will exercise his or her power under section 94 to refuse to accept a document.

(174) Page 156 (after line 25), at the end of Part 11, add:

Division 5—Publication of information relating to assessments

170A Publication of information relating to assessments

The Secretary must publish on the Internet every week notice of the following:

(a) the publication in the immediately preceding week by the Minister under section 45 of a notice of the Minister's intention to develop a draft bilateral agreement;

(b) each referral (if any) of an action received by the Minister under Division 1 of Part 7 in the immediately preceding week;

(c) each decision (if any) in the immediately preceding week under Division 2 of Part 7 that an action is a controlled action;

(d) each decision (if any) in the immediately preceding week under Division 3 of Part 8 about which approach is to be used for assessment of the relevant impacts of an action;

(e) the information and invitations (if any) published in the immediately preceding week under Division 4 of Part 8 (about assessment on preliminary documentation);

(f) each set of guidelines (if any) prepared in the immediately preceding week by the Minister under Division 5 or 6 of Part 8 for a report or statement;

(g) each public invitation (if any) issued in the immediately preceding week by the Minister to comment on a draft of guidelines under Division 5 or 6 of Part 8 for a report or statement;

(h) each draft or finalised report or statement published in the immediately preceding week under Division 5 or 6 of Part 8 by a designated proponent;

(i) the availability of each assessment report given to the Minister under Division 4, 5 or 6 of Part 8 in the immediately preceding week;

(j) any other matter prescribed by the regulations.

Question resolved in the affirmative.


The CHAIRMAN —We now move to government amendment No. 72. The question is that clause 37 stand as printed. Those of that opinion say aye and to the contrary no. I have not heard a voice. I put that one again. The question is that clause 37 stand as printed. Those of that opinion say aye. Could someone at least call, please. I am getting very confusing calls. If you are opposing a clause, you have to say no. The question is that clause 37 stand as printed—that is, stay in the bill. Those of that opinion say aye.


Senator Heffernan —Aye.

Honourable senators interjecting


Senator Faulkner —Madam Chair, the Senate is suffering the humiliation of the Government Whip calling aye on a question before the chair on which the Leader of the Government calls no. The Government Whip obviously has the numbers, because more people are calling aye than no. My point of order is this, Madam Chair: I will be insisting that you apply the standing orders and demand that senators vote the way they call.


The CHAIRMAN —I will put the question again. I hope that senators understand—

Senator Robert Ray interjecting


The CHAIRMAN —I did not complete the previous call, Senator Ray. The question is that clause 37 stand as printed.

Question resolved in the negative.


The CHAIRMAN —I now move to government item No. 147 which relates to clause 141. The question is that clause 141 stand as printed.

Question resolved in the negative.


The CHAIRMAN —If the minor parties or the opposition require leave to move amendments, I will take that now.


Senator Bolkus —I seek leave to move opposition amendment No. 31.


The CHAIRMAN —Is leave granted?


Senator Hill —Is that is what is going to happen—


Senator Faulkner —Is leave granted?


The CHAIRMAN —Order, Senator Faulkner!


Senator Faulkner —You had better not seek leave for anything. Sit down!


The CHAIRMAN —Order!


Senator Hill —Stop being so hysterical. You are not in the bloody Sydney Town Hall now.

Senator Faulkner interjecting


The CHAIRMAN —Senator Faulkner and Senator Hill, if you wish to have that sort of discussion, go outside and do it.


Senator Hill —All right, leave is not granted.


Senator Bolkus —Madam Chair, I seek your guidance on this. Pursuant to the standing order in the name of Senator Faulkner—


Senator Faulkner —You can't get away with that.


Senator Bolkus —I cannot get away with this? I have been told I cannot get away with it.


The CHAIRMAN —We are in committee.


Senator Faulkner —I raise a point of order, Madam Chair. He is denying leave and at the same time these people are voting different ways on amendments. You're kidding!

Senator Hill interjecting

Senator Robert Ray interjecting


The CHAIRMAN —Order! Senator Ray and Senator Hill, this behaviour is unbecoming. Senator Bolkus, you were seeking to raise a point of order?


Senator Bolkus —On the basis of your previous ruling, I do not know that we actually need to get leave from anyone to move this amendment. This is an amendment which has been put to the Senate and which appears on the running sheet. Pursuant to your previous ruling, I put to you that the opposition believes this amendment should be put separately because we anticipate that people will be voting for this amendment whereas they will not be voting for other opposition amendments. I believe it should be put and I do not know that you should be asking Senator Hill to give us leave to move this particular amendment. There is nothing in the running sheet that indicates that this should be put collectively with other amendments.

Honourable senators interjecting


The CHAIRMAN —I am sorry, Senator Bolkus, but there was too much noise from your leader and I missed you last point.


Senator Bolkus —I was saying that there is nothing in the running sheet that indicates that this should be put conjointly with other amendments. As a consequence, I put it to you that it is a right of a senator to ask for this amendment to be put separately.


The CHAIRMAN —It cannot be put at all if leave is not granted; and leave was not granted. On the previous night, leave was implied to have been granted.


Senator Brown —Madam Chairman, I raise a point of order. We are pretty well clearly divided on a lot of matters here, but I want to appeal for at least some decency which is going to help the rest of the day proceed. This specific opposition amendment is to include a trigger on greenhouse matters, which is something that the Democrats want. I would ask that the Democrats use their leverage with the government—which is total, in this situation—to ensure that this amendment is put to carry out their own wishes that there be a greenhouse trigger in this legislation.


The CHAIRMAN —What your point of order, Senator Brown?


Senator Brown —The point of order is that we are going to have a much better process for the rest of the day if the Democrats will ask the minister to withdraw his refusal of leave, otherwise they become complicit in this specific bombing of their own policy.


The CHAIRMAN —There is no point of order. Please resume your seat.